On 13 July 2023, the Lunch DIScussion on the topic of "Determining the amount of damages in arbitration proceedings" took place with over 80 selected participants.
In the discussion moderated by James Menz (DIS), quantum experts Moritz Bassemir (Alvarez & Marsal) and Christian Büchelhofer (Alvarez & Marsal) exchanged views on procedural and methodological aspects. They discussed the role of the quantum expert in arbitration proceedings, criteria for the selection of the expert, the organisation of the cooperation with the party representative, as well as the importance of determining the valuation approach and the valuation date. Moritz Bassemir (Alvarez & Marsal) emphasised that when determining lost profits, the challenge often lies in the convincing derivation of a hypothetical development without damage (so-called but-for scenario). The question of which level of information (ex-ante vs. ex-post perspective) should be used as a basis for quantifying damage was also put up for discussion by James Menz (DIS). Here, Christian Büchelhofer (Alvarez & Marsal) was able to explain how a consistent implementation of the perspectives can take place.
The numerous questions and contributions to the discussion by the participants showed that the topic is of high practical relevance in arbitration proceedings.